DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-4, 6-11, and 13-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gutierrez (US Patent Number 7512993).
Regarding claim 1, Gutierrez discloses a blanket apparatus (it would function as such) comprising: a cover element (12); a first coupling element (20) comprising: a first movable piece (26 of 20); and a first stationary bottom piece (24 of 20 and/or base of 20) affixed to the cover element and configured to receive a first strap (28); and wherein the first movable piece is affixed to the first stationary bottom piece (this is the general arrangement; see figures); and a second coupling element (22) comprising: a second movable piece (26 of 22); and a second stationary bottom piece (24 of 22 and/or base of 22) affixed to the cover element and configured to receive a second strap (30); and wherein the second movable piece is affixed to the second stationary bottom piece (much as the first; see figures).
Regarding claim 2, Gutierrez further discloses the cover element comprises a first surface and an opposing second surface, wherein the first surface and the opposing second surface form a single cover element (cover element 12 has a front and a back surface for instance).
Regarding claims 3 and 4, Gutierrez further discloses the first stationary bottom piece of the first coupling element comprises a zipper, and wherein the second stationary bottom piece of the second coupling element comprises a zipper and/or the first coupling element and second coupling element each comprise at least one button element and at least one receiving slot element that is complementary to a corresponding button element of the at least one button element (while not shown, zipper and button arrangements are disclosed in the second paragraph of the “Detailed Description of the Preferred Embodiments;” note that a typical button arrangement as disclosed would at least inherently include a button and corresponding slot).
Regarding claim 6, Gutierrez further discloses the first coupling element and the second coupling element are removable from the cover element (20 and 22 are mounted to 12 at 16 and 18 via 40 and 42, which are releasable).
Regarding claim 7, Gutierrez further discloses the wherein the first stationary bottom piece is releasably affixed to the first movable piece, and wherein the second stationary bottom piece is releasably affixed to the second movable piece (24 and 26 are releasably fixable).
Regarding claim 8, Gutierrez further discloses the first stationary bottom piece is releasably affixed to the cover element, and wherein the second stationary bottom piece is releasably affixed to the cover element (at 16/18, 40/42 much as explained above).
Regarding claim 9, Gutierrez discloses a system comprising: a car seat (34) comprising a back member and a seat member, wherein the car seat further comprises a first strap (28) and a second strap (30), wherein the first strap comprises a first end and a second end and wherein the first strap is joined via the first end to the back member of the car seat and is configured to be joined via a second end to a seat member of the car seat and wherein the second strap is joined via a first end to the back member of the car seat and wherein the second strap is configured to be joined via a second end to a buckle (see Figure 3 showing this arrangement with straps 28 and 30 connected as claimed; note that a buckle at reference number 32 would be inherent in any convention seat arrangement and provide a connection to the seat member); a cover element (12); a first coupling element (20) comprising a first stationary bottom piece (24 of 20 and/or base of 20) affixed to the cover element and a first movable piece (26 of 20) configured to engage the first stationary bottom piece, and wherein the first coupling element is configured to receive the first strap (as in Figures 3-4); and a second coupling element (22) comprising a second stationary bottom piece (24 of 22 and/or base of 22) affixed to the cover element and a second movable piece (26 of 22) configured to engage the second stationary bottom piece, and wherein the second coupling element is configured to receive the second strap (much as above).
Regarding claims 10 and 11, Gutierrez further discloses the first stationary bottom piece of the first coupling element comprises a zipper, and wherein the second stationary bottom piece of the second coupling element comprises a zipper and/or the first coupling element and second coupling element each comprise at least one button element and at least one receiving slot/buttonhole element that is complementary to a corresponding button element of the at least one button element (while not shown, zipper and button arrangements are disclosed in the second paragraph of the “Detailed Description of the Preferred Embodiments;” note that a typical button arrangement as disclosed would at least inherently include a button and corresponding slot/buttonhole).
Regarding claim 13, Gutierrez further discloses the first stationary bottom piece is releasably affixed to the cover element, and wherein the second stationary bottom piece is releasably affixed to the cover element (at 16/18, 40/42 much as explained above).
Regarding claim 14, Gutierrez further discloses the wherein the first stationary bottom piece is releasably affixed to the first movable piece, and wherein the second stationary bottom piece is releasably affixed to the second movable piece (24 and 26 are releasably fixable).
Regarding claim 15, Gutierrez further discloses a blanket apparatus (it would function as such) comprising: a cover element (12) comprising: a first surface; and an opposing second surface, wherein the first surface and the opposing second surface form a single cover element (cover element 12 has a front and a back surface for instance); a coupling element (20) comprising: a movable piece (26 of 20); and a stationary bottom piece (24 of 20 and/or base of 20) affixed to the cover element and configured to receive a strap (28); and wherein the movable piece is affixed to the stationary bottom piece (24 and 26 are affixed).
Regarding claim 16, Gutierrez further discloses the cover element comprises a fabric (see at least the second full paragraph of column 4).
Regarding claims 17 and 18, Gutierrez further discloses the stationary bottom piece of the coupling element comprises a zipper, and/or the coupling element comprises at least one button element and at least one receiving slot element that is complementary to a corresponding button element of the at least one button element (while not shown, zipper and button arrangements are disclosed in the second paragraph of the “Detailed Description of the Preferred Embodiments;” note that a typical button arrangement as disclosed would at least inherently include a button and corresponding slot).
Regarding claim 19, Gutierrez further discloses the wherein the stationary bottom piece is releasably affixed to the movable piece (24 and 26 are releasably fixable).
Regarding claim 20, Gutierrez further discloses the stationary bottom piece is releasably affixed to the cover element (at 16 and 40 much as explained above).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 5 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gutierrez in view of Knox (US Patent Number 5580133). Gutierrez discloses an arrangement as explained above but does not disclose snaps associated with the coupling elements. Such fasteners are well-known as shown by Knox who discloses a related device including coupling elements with snap and complimentary snap receiving elements (at 50, 52). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide snap elements as taught by Knox in Gutierrez’s device because this could provide a heavy duty and secure means of fixing the elements to improve user safety and comfort.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 11858389 and claims 1-20 of U.S. Patent No. 12077075. Although the claims at issue are not identical, they are not patentably distinct from each other because it would have been obvious to one of ordinary skill in the art to provide the components arranged as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP F GABLER whose telephone number is (571)272-2155. The examiner can normally be reached Mon-Fri 8:00 - 4:30.
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/PHILIP F GABLER/Primary Examiner, Art Unit 3636